Man sentenced to 90 months in prison

Tuesday

Aug 27, 2013 at 11:07 AMAug 27, 2013 at 11:07 AM

By Matt Durrmdurr@hillsdale.net

HILLSDALE — An Osseo man was sentenced in Hillsdale County Circuit Court Monday to at least 30 months in prison.

Phillip Duane Voelzke, 35, could spend up to 90 months in prison after Judge Michael Smith sentenced him for one count of third degree home invasion. Voelzke was also charged as a habitual offender in the case, his second offense.

Prior to sentencing, Voelzke asked Smith to show some leniency and give him probation because he has a newborn son to take of.

"I've never tried so hard to be a dad as I have with this baby," Voelzke said while trying to fight back tears. "I love all my kids. I'm asking you and this court to have mercy on me."

He added that he had no one to take of the child if he was locked up and know he does not appear to be "probation material."

Smith interrupted Voelzke during his speech and pointed to Voelzke's extensive criminal record — which includes 17 misdemeanors and seven felonies as an adult.

"With all due respect Mr. Voelzke, if you are so concerned about these kids, why on God's green earth do you have 17 misdemeanors and seven felonies on your record?" Smith asked.

Voelzke was arrested in April after he broke into a home and assaulted a woman who had a personal protection order against him and her daughter — who was 7 months pregnant at the time. The woman's 6-year-old grandson called police that night and Voelzke was arrested and charged with one count of first degree home invasion, two counts of domestic violence and a violation of conditional bond release.The woman provided testimony during a pre-trial examination in Hillsdale County District Court and said if not for another man who stopped Voelzke during the assault, she thinks she and her daughter would not be alive. The victim in the case asked Hillsdale County assistant Prosecutor Rod Hassinger to speak on her behalf prior to sentencing.

"He has been in trouble basically his entire life," Hassinger said about Voelzke. "We don't know how far this would have gone if not for a good Samaritan."

Hassinger said prosecutors were asking that Voelzke receive the maximum sentence possible and that the victim agreed with those requests.

Smith then read off the extensive criminal history of Voelzke, which dated back nearly 20 years. Smith also agreed that Voelzke was not "probation material" and handed down his sentence.